Acceptable use policy
This acceptable use policy sets out how you may use our website at www.takeaseat.co.uk (our site). It applies to everyone who visits or uses our site, including subscribers (counsellor or psychotherapists registered on our site).
By using our site you accept, and agree to keep to, this acceptable use policy, which applies alongside our Website terms and conditions.
Our site at take a seat is a company registered in England and Wales with registered company number 12159548, whose registered office is at 16 Alton road, Wilmslow, SK9 5DX.
You must not use our site in the following ways.
- In any way that breaks any relevant local, national or international law or regulation.
- In any way that is (or is intended to be) unlawful or fraudulent, or has any unlawful or fraudulent effect.
- In any way that harms, or could harm, minors (people under 18).
- To send, knowingly receive, upload, download, use or reuse any material which does not meet our content standards.
- To send, or help in sending, any unsolicited or unauthorised advertising or promotional material (spam).
- To knowingly send or upload any data or material that contains viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or computer code designed to damage the usability or functions of any computer software or hardware.
Also, you must not do the following.
- Reproduce, copy or resell any part of our site
- Interfere with, damage or disrupt:
- any part of our site;
- any equipment or network our site is stored on;
- any software used to provide our site; or
- any equipment, network or software owned or used by any third party.
From time to time we may provide interactive services on our site, including chat rooms and bulletin boards. If we do provide any interactive service, we will give you clear information about the kind of service we offer, if it is moderated (overseen and monitored) and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users when they use any interactive service provided on our site, and in each case we will decide whether it is appropriate to moderate the relevant service (and if so, what kind of moderation to use). However, we are under no obligation to moderate any interactive service we provide, and we are not liable for any loss or damage arising from any interactive service being used in a way that does not meet our content standards, whether the service is moderated or not.
Minors can only use our interactive services with permission from their parent or guardian. If a parent allows a child to use an interactive service, it is important that the parent tells the child about staying safe online, as moderation is not foolproof. Minors who use any interactive service should be told about the potential risks to them.
If we do moderate an interactive service, we will normally let you know how to contact the moderator if you have any concerns.
Uploading content to our site
These content standards apply to any material you contribute to our site (contributions), and to any interactive services associated with it. You must meet the following standards. The standards apply to all of, and each part of, any contribution. You Warrant that any such contribution does comply with those standards and indemnify us for any breach of that warranty.
Further we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our site.
Any content you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- keep to all relevant laws that apply in the UK and in any country the contribution was created in or posted from.
Contributions must not do the following.
- Contain any material which damages a person’s reputation.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex or gender, religion, nationality, disability, sexuality or age.
- Break, limit or undermine any other person’s copyright, database right or trademark.
- Be likely to deceive any person.
- Fail to meet any legal duty you owe to a third party, such as a duty under a contract or an obligation to keep anything confidential.
- Promote any illegal activity.
- Be threatening or abusive, invade another's privacy, annoy or inconvenience anyone, or cause needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, misrepresent your identity or misrepresent an association with any person.
- Give the impression that they come from us, if this is not the case.
- Support, promote or help with any unlawful act, such as computer misuse or breaking, limiting or undermining a copyright.
Suspension and termination
If we decide that your use of our site does not keep to this acceptable use policy, we may take whatever action we consider appropriate.
If you do not keep to this acceptable use policy, you will have broken our website terms & conditions, which may result in us doing any or all of the following.
- Temporarily or permanently withdrawing your right to use our site, without giving you notice.
- Temporarily or permanently removing any material or contribution you have posted or uploaded to our site, without giving you notice.
- Give you a warning.
- Take legal action against you.
- Give law-enforcement authorities any information they reasonably need.
- Take any other action we think is necessary.
We will not be liable for any action we take in response to you not keeping to this acceptable use policy, and we may take any lawful action we consider appropriate.
Changes to this acceptable use policy
We may change this acceptable use policy at any time. You should read this page from time to time to check for any changes we make, as they are legally binding on you. Some parts of this acceptable use policy may also be overruled or replaced by conditions or notices published elsewhere on our site.
Subscriber Terms & Conditions
(Pay particular attention to section 10 in these terms and conditions.)
- These terms and conditions govern the relationship between you, the subscriber, and us. On which we, EQ Group Ltd ("we", "our", "Take a seat" or “takeaseat.co.uk), provide access to our website https://www.takeaseat.co.uk and any take a seat mobile application through which schedule counselling appointments. We are a company registered in England and Wales with registered company number 12159548, Vat number 371 4898 62 whose registered office is at 16 Alton road Wilmslow SK9 5DX.
- We can change these terms and conditions from time to time. We will give you written notice of any changes which disadvantage you. If there is any difference between these terms and conditions and any previous versions of them, these terms and conditions will apply (except where they say otherwise).
- By registering with us and paying for our services set out in the written description or specification we gave you, or as set out on the Join/Subscribe webpage (as the case may be), you are agreeing to keep to these terms and conditions.
You must keep to these terms and conditions, which may change from time to time. If you do not agree to keep to these terms and conditions, you should stop using our website and our services immediately.
2. Other documents that apply
- Our website terms & conditions, which sets out the terms and conditions that apply if you use our site
- Our privacy notice, which sets out how we process your personal information
- Our acceptable use policy, which sets out how you can and cannot use our site
- Our Ownership & Introductions policy for information applicable to ‘professional’ agreement with ‘takeaseat’ regarding ‘client’ introductions & ownership
- Our Professional Services & Insurance for information regarding the terms applicable to ‘professionals’ responsibility & liability
3. Basis of the contract
- Your order to appear on the site is an offer from you to buy our services in line with these terms and conditions.
- Your offer will be accepted, and the contract between you and us will come into force, on the date we send you written notice that we have accepted your order.
- The contract is the entire agreement between you and us. You must not rely on any statement, promise, assurance, guarantee or implied term (including, but not limited to, those shown on websites and in marketing material, adverts, brochures, communications and so on) which is not set out in the contract as it will not be binding on us.
- Any illustrations, descriptions or advertising issued by us, and any descriptions or illustrations contained in our publicity material or on our site, are provided only to give guidance on our services. They do not form part of the contract or give us any legal obligation.
- These terms and conditions apply over any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or otherwise.
4. Supplying our services
- The services we provide to you will, in all significant or relevant ways, be in line with, or equivalent to, the description or specification of the services either provided in writing by us or set out on the Join/Subscribe or similar button webpage, as the case may be.
- We will take reasonable steps to meet any performance dates shown on our site, but those dates are estimates and are not binding on us.
- We can make any changes to our services if this is necessary to keep to any relevant law or safety requirement, or if the change does not significantly affect the nature or quality of our services. We will give you notice of any change we make.
- When we have received the subscriber information (your name and contact details, details of your training, qualifications, experience, your areas of counselling and therapy and your fees) and any proof we need (for example, proof of your membership with a professional body, qualifications and insurance cover, Personal ID, supervision details), we can refuse your request to be listed in the site if:
- we cannot verify any of the subscriber information; or
- it does not meet our registration standards.
5. Your obligations
- You must be the author of your listing on the Site or have all the permissions you need to quote and use any information, graphics or photographs you have not written, created or taken. We have no liability if any listing breaks, limits or undermines a third party’s rights.
- The terms of your order and your subscriber information must at all times be complete, accurate, truthful and up to date.
- You must make sure that you remain a member of a counselling or psychotherapy professional body recognised on the Sites verification policy for the duration of the contract, and give us acceptable proof of the membership if we ask for it. If we find out that your membership of a professional body has ended or had sanctions or special conditions attached, we can immediately stop providing the services.
- You must tell us, as soon as possible, about any complaints made about your professional services, as this may affect your eligibility to be a member of our Site.
- You must tell us, as soon as possible, about any matter which has affected or could affect your professional reputation (for example, professional sanctions, allegations, investigations and so on), as this may affect your eligibility to be a member of our Site.
- You must co-operate with us in all matters relating to our services.
- You must allow us and our employees, agents, consultants and subcontractors to contact you at all reasonable times and keep the contact details we have for you up to date.
- You must give us any information and materials we may reasonably need in order to provide our services, and make sure that the information is accurate.
- You must always have all the licences and permissions you need in order for us to provide our services.
- You must maintain any services or products we need to provide our services to you, such as email accounts, phone line and so on.
- You must protect any sensitive information and materials associated with your listing on the site, including (but not limited to) your username, password, log-in details, documents, policies, notices and correspondence, and make sure that these are not given to any unauthorised third parties.
- Your listing on the Site must only specify issues, treatments or approaches you are qualified to offer or deal with.
- Your listing on the Site must not:
- use obscene or vulgar language or contain content that is intended to promote or incite violence;
- contain content that is unlawful or otherwise offensive or upsetting (including information that may break any rule, regulation or law specific to your business or industry);
- contain any content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- break, limit or undermine the intellectual property rights (see clause 7) of any third party; or
- contain viruses or any other software or instructions that may damage or disrupt other software, hardware or communications network.
- Your listing on the site must be honest and fair, not make any claims that cannot be proved, not make dishonest or unreasonable comparisons with other businesses, be placed in the appropriate category and not impersonate other people or businesses.
- If we cannot meet, or are delayed in meeting, any of our obligations under these terms and conditions as a result of anything you have or have not done, or your failure to meet an obligation, the following will apply.
- We can suspend our services until you have put the matter right (if it can be put right), and not have to meet any of our obligations which have been prevented or delayed by something you have or haven’t done.
- In the event that any of the provisions of clause 5 are not followed, or any other conditions are broken, we may remove your listing and suspend or end our services. In this case, you will not be entitled to any refund. We can also make any alterations to listings if we consider it necessary to remove any material which might lead to legal action. In this case we will tell you about any alterations we have made. If we want to make changes to your listing for a reason other than the possibility of legal action, we will ask you for permission to make the change.
- We will not be liable for any costs, damages or losses you suffer as a direct or indirect result of us failing to meet, or a delay in us meeting, any of our obligations as set out in this clause 5, or as a result of any mistakes in your listing.
- If we ask in writing, you must reimburse any costs or losses we suffer as a direct or indirect result of something you did or failed to do.
6. Fees and payment
- You must pay the monthly or annual subscription fees shown on our site. We will collect the fee either once a year, if you chose to pay an annual fee, or each calendar month if you chose to pay a monthly fee. We will take the first payment on the day that we accept your order and start providing our services. We will automatically continue to take the fee until the contract ends in line with clause 11.
- We can increase the subscription fees from time to time. If we are going to increase the fees, we will give you written notice of this eight weeks before the date of the increase. If you do not accept the increased fee, you must tell us in writing within two weeks of the date we gave you our notice. We can then end the contract by giving you 30 days’ notice in writing.
If you do not contact us within four weeks of the date we gave you notice of the increase, you will be considered to accept the increased fee.
- You must make each payment you owe us:
- in full within two business days of the due date shown in your profile management area of our site; and
- using one of the payment options provided (Direct Debit, credit card or debit card if you pay annual fees).
7. Intellectual property rights
Intellectual property rights give a person or company the exclusive right to use its own creations, plans, ideas or other creative production and intangible assets (for example, goodwill) without the worry of competition, at least for a specific period of time. Intellectual property rights can include copyrights, patents, trademarks, trade secrets, business names, rights in designs and rights to inventions.
- EQ Group Ltd is the owner or the licensee of all intellectual property rights in the takeaseat.co.uk Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
- You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
- Nothing in these terms and conditions gives us any rights in or to any intellectual property rights or content contained in your listing except for the right to display the listing on our site until you or we choose to remove the listing. We have the right to use, publish and reproduce any testimonials, articles, events, contributions and other similar material you provide to us, even after the contract ends.
8. Cookies and further information on our site
- As well as having your listing on the site, once you are a subscriber you are entitled to publish articles and publish details of promotions or special offers. We can refuse to publish this information, edit the information, or remove the information from our site. You agree that the information you post on our site will be accurate at the time you post it and that if any of the information changes, you will tell us about the change within seven days.
- Our site may contain links to other sites, including the sites of other subscribers. Unless we have specifically said otherwise, those sites are not under our control. Our site having a link to another site does not mean that we endorse the linked site or its owner. We are not responsible for any content or information published on linked sites, and have no liability for any loss or damage arising from using a linked site.
- We do not guarantee that our site:
- will meet your needs;
- will not infringe (break, limit or undermine) the rights of third parties;
- will be compatible with all systems; or
- will be secure.
10. Limit of our liability
- Nothing in these terms and conditions limits or removes our liability for death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors) or by fraud or fraudulent statements or actions.
- To the fullest extent allowed by law, we will not be liable to you for any loss or damage (including for any loss of business, profit, sales, revenue, business opportunity, goodwill, reputation, anticipated savings or any other direct or indirect losses), even if it could have been foreseen, arising in connection with you using (or being unable to use) our services or our site or you relying on the content included on the site.
- Limitation of liability: Subject to clauses 10, 10.1 and 10.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of fee’s or £1000, whichever is lower, in accordance with our Introductions & Ownership Policy.
- To the fullest extent allowed by law, we exclude all statements, promises, assurances, guarantees and implied terms (including, but not limited to, those shown on websites and in marketing material, adverts, brochures, communications and so on) that may apply to our site or any content on it and are not set out in the contract.
- We use reasonable skill and care to make sure that our site is free from viruses and other malware, but we have no liability for any loss or damage arising from a virus, other malware, hacking or any other harmful material or event that may damage or disrupt your hardware, software, data or other material as a result of you using our site (including downloading any content from it) or any other site referred to on our site.
- This clause 10 will continue to apply after the contract between you and us ends.
11. Ending the contract
- You or we can end the contract by giving the other at least 30 days’ notice in writing.
- We may end the contract or suspend our service immediately upon giving you written notice if any of the following applies.
- You break an important term of the contract and fail to put the matter right (if we believe it is possible to put it right) within seven days of being given written notice to do so. This includes if you have failed to meet your obligations under clause 5 or 6.
- We think there is a conflict of interest between you or your business interests and our business.
- You become insolvent or bankrupt, go into receivership, make an arrangement with your creditors to pay off your debts or stop trading, or any similar event happens.
- We receive what we believe to be a genuine complaint about your conduct, practice or use of our service from a user of our site.
- We consider any qualification or other requirement you need to be included on the Site to be, or to have become, insufficient (for example, if we find out that you no longer have the necessary level of membership with a relevant professional body).
- We find out about any circumstances which, in our opinion, have damaged, or could damage, our or our site’s reputation (for example, allegations or legal proceedings against you or tribunal hearings) by continuing to allow you to stay on our site.
- we can end the contract immediately, or before any further fees would have become due, whichever we consider appropriate;
- you fully accept that you will not be entitled to a 30-day notice period during which our service would otherwise have been available; and
- this arrangement (and this section 11 in general) does not limit our other rights.
12. Consequences of ending the contract
When the contract ends for any reason, the following will apply.
- You must immediately pay all our unpaid invoices and interest (where appropriate). If you have received services we have not invoiced you for, we will send you an invoice, which you must pay immediately.
- You will not be entitled to a refund, adjustment of the subscription fee or any other reduction of any subscription fees you have already paid or are due to be paid.
- The rights, remedies, obligations and liabilities you and we already have when the contract ends will not be affected, including the right to claim damages for the contract being broken on or before the date it ended.
- The clauses of the contract that say (or suggest) that they will still apply after the contract ends will continue to apply in full.
- We can refuse your request to use our services again in the future, and do not need to give you a reason for this decision.
13. Circumstances beyond our control
- We will not be liable to you if we fail to perform our obligations under this contract, or delay in performing them, as a result of a circumstance beyond our reasonable control. Circumstances beyond our reasonable control include industrial action and strikes (whether or not it affects our workforce), power or equipment failures, failure in the transport network, war, riot, accident, breakdown of machinery, fire, flood, storm or the failures of our suppliers or subcontractors).
- If the circumstance beyond our control prevents us from providing any of our services for more than four weeks in a row, we can end this contract immediately by giving you written notice.
- Assignment and other dealings: we may transfer, in any way, any of our rights under the contract, and may subcontract or delegate any or all of our obligations under the contract, to any third party or agent.
Unless you have our permission in writing, you must not transfer, in any way, any of our rights under the contract to any third party or agent.
- Notices: any notice or other communication that must be given under the contract must be in writing, addressed to the other party's registered office (if it is a company) or its main place of business (in any other case), or to any other address the relevant party has specified to the other party in writing. The notice or communication must be delivered personally, sent by first-class post or another next-working-day delivery service, courier, or email.
Any notice or other communication will be considered to have been received at the following times.
- If delivered personally, when it is left at the correct address.
- If sent by first-class post or another next-working-day delivery service, at 9am on the second business day after it was sent.
- If delivered by courier, when the courier's delivery receipt is signed.
- If sent by fax or email, the business day after it was sent.
Professional Information Disclaimer
IMPORTANT NOTICE: PROFESSIONAL INFORMATION DISCLAIMER
Your attention is drawn in particular to clause 4
- Take a Seat, is the trading style of EQ Group Ltd (company number 12159548) whose registered office and main trading address is situated at 16 Alton road, Wilmslow, SK9 5DX ("EQ Group Ltd"). EQ Group Ltd operates an online platform for mental health professional (the ‘Professionals’) on the website domain https://www.takeaseat.co.uk (the ‘Website’).
- Care has been taken in the creation of the platform and attempts made to present and maintain accurate and up-to-date information, however, inaccuracies may occasionally occur. EQ Group Ltd will not be held responsible for any loss, damage or inconvenience caused as a result of any inaccuracy or error within its website pages. If you discover any information on our Website that you believe is inaccurate or inappropriate, please kindly contact us at [email protected]
- You accept that the platform and all information published on it is merely an online platform of ‘professionals’. This information is provided by the ‘professionals’ and published for the public (‘Website’), but does not in any way constitute a reference, validation or in any way an endorsement of any information provided to you, the website clients (‘clients’), or any recommendation or endorsement of the ‘professionals’ or services offered by the ‘professionals’. A ‘professionals’ entry does not mean EQ Group Ltd endorses the qualifications or professionalism of the ‘professionals’.
- Whilst EQ Group Ltd will use all reasonable endeavours to ensure that the Website Information is accurate, the liability for providing accurate service information & appropriate insurances rests with the ‘professionals’ and to the extent permitted by law, EQ Group Ltd excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. Furthermore, EQ Group Ltd will not be liable to the User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Website; the use of or reliance on any content displayed on the Website, loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
Website Terms & Conditions
IMPORTANT LEGAL NOTICE
This page sets out the terms and conditions ("Website Terms") on which we, EQ Group Ltd ("we", "our", "Take a seat" or “takeaseat.co.uk), provide access to our website https://www.takeaseat.co.uk and any take a seat mobile application through which schedule counselling appointments. By scheduling appointments through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website, accessing or browsing is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to schedule appointments through the Website.
I. TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: take a seat is a company registered in England and Wales with registered company number 12159548, whose registered office is at 16 Alton road, Wilmslow, SK9 5DX.
1.2. VAT number: Our VAT number is GB 371 4898 62.
1.3. Product Orders: We provide a marketplace for clients to schedule a session with; counsellors & therapists (Professionals) displayed on our Website.
The legal contract for the supply and purchase of counselling is between you,the client and the professional/s that you schedule your appointment with and we will conclude the sale appointment on behalf as an agent for the professionals in all cases.
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may access some areas of the Website without making a booking for an appointment or for registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept our Website Terms. If you do not accept our Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
2.5 You must not use our site in the following ways:
- In any way that breaks any relevant local, national or international law or regulation that applies.
- In any way that is (or is intended to be) unlawful or fraudulent, or has any unlawful or fraudulent effect.
- To knowingly send or upload any data or material that contains viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or computer code designed to damage the usability or functions of any computer software or hardware
We do not guarantee that our site is secure or free from viruses or bugs.
You are responsible for configuring your own information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not knowingly send or upload any data or material that contains viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or computer code designed to damage the usability or functions of any computer software or hardware.
You must not attack our site via a denial of service attack. By breaching this provision you would be committing a criminal offence under the computer misuse act 1990.
3. HOW TO BOOK AN APPOINTMENT AND HOW IT IS PROCESSED
3.1. Compiling your Order: Once you have selected the Professional of your choice and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "Book Now", "Book Date & Time" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a payment portal and errors cannot be corrected (subject to paragraph 3.2. below).
3.2. Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to a refund if the appointment is within 48 hours. If you wish to change or cancel your appointment, you may contact the professional to communicate your requests and attempt to reschedule your appointment.
3.3. Payment authorisation: Where any payment you make is not authorised, your appointment will not be processed or communicated to the relevant professional.
4. PRICE AND PAYMENT
4.1. VAT and processing costs: Prices will be as quoted on the Website. These prices include VAT but may exclude processing costs. These will be added to the total amount due where applicable.
4.2. Incorrect pricing: This Website contains a large number of professionals and it is possible that some may include incorrect prices. In such an event, neither we nor the relevant professional is under any obligation to ensure that the appointment is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
4.3. Payment methods: Payment for appointments must be made by an accepted credit or debit card through the Website only at the point of booking by, you.
4.4. Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5. WEBSITE ACCESS
5.1. Website availability: While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
5.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
5.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
6.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
6.2. Exclusion of liability: Subject to clause 5.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
- 6.2.1. any loss of profits, sales, business, or revenue;
- 6.2.2. loss or corruption of data, information or software;
- 6.2.3. loss of business opportunity;
- 6.2.4. loss of anticipated savings;
- 6.2.5. loss of goodwill; or
- 6.2.6. any indirect or consequential loss.
6.3. Limitation of liability: Subject to clauses 6, 6.1 and 6.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of fee’s or £1000, whichever is lower, in accordance with our Introductions & Ownership Policy.
6.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, software or data that you may own, lease, license or otherwise use.
7.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
- 7.1.1. you have used the website to acquire clients and breached TAS ‘introduction & ownership policy’);
- 7.1.2. you have posted fraudulent reviews or Visitor Material in order to enhance visibility on the platform.
- 7.1.4. you have breached any other material terms of these Website Terms.
7.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
8. WRITTEN COMMUNICATIONS
8.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or booking appointments via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. EVENTS OUTSIDE OUR CONTROL
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
9.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 9.2.1. strikes, lock-outs or other industrial action;
- 9.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 9.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 9.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 9.2.5. impossibility of the use of public or private telecommunications networks; and
- 9.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
9.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
- INTELLECTUAL PROPERTY RIGHTS
10.1 EQ Group Ltd is the owner or the licensee of all intellectual property rights in the takeaseat.co.uk Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
10.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
10.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
10.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
12. ADDITIONAL TERMS
13. GOVERNING LAW AND JURISDICTION
13.1. These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
14. CANCELLATION POLICY
STATUTORY 14 DAY “COOLING-OFF” PERIOD
Where you purchase services online, you have a statutory right to cancel your order within fourteen (14) days after the day on which the contract is entered into (“Cooling-Off Period”) without giving any reason.
If you cancel during the Cooling-Off Period and you have not booked any Appointments with the 14 days of your cancellation, then we will give you a full refund of the single appointment fee (as applicable) that you have paid.
If you cancel during the Cooling-Off Period and you have booked/received Appointments at the time of your cancellation, then you will be required to pay for the appointment.
We will give you a full refund of the single appointment fee (as applicable) that you have paid, but you will be obliged to pay for the Appointments you have booked within the 14 day period or those that exceed the “Cooling off-period” You acknowledge and agree that we shall be entitled to take payment (from your nominated debit or credit card) for the total amount of any outstanding fees which are due in respect of any Appointments under this paragraph
Notice before appointment: 15 days or more
The opportunity to reschedule will be offered otherwise a refund will be given of 80% of the total amount of the delegate fee
Notice before Appointment: Between 1 and 14 days
No refund - full payment of the total delegate fee is required
Failure to attend
No refund - full payment of the total delegate fee is required
OTHER CANCELLATION RIGHTS
Subject to your statutory rights (as described above), you can cancel your appointment at any time, but (after the Cooling-Off Period) you will not be entitled to a refund of the single appointment fee.
Nothing in this section affects your legal rights.
You will always be given the opportunity to re-schedule an appointment, the process is outlined below.
Rescheduling/cancellation of appointments:
To organise the rescheduling or cancellation of appointments, log into your account, select the session you want to change. Alternatively contact the professional through the site.
(Valid from November 2019)
Introduction & Ownership Policy
Take a seat (TAS) introduces clients to professionals via its unique website introduction facility, the takeaseat.co.uk booking system. Once registered the client agrees to TAS terms and conditions of usage. Clients will be provided with professional services gained through appointments with a professional of their choice and will thereafter be regarded as a “client “of the professional once an appointment has been booked via the TAS booking system.TAS having provided the client connection, therefore, retains the rights of “ownership and exclusivity” in respect of any such clients, even if a client was known previously to the professional, takeaseat.co.uk have given the ‘introduction’ and therefore reserve the rights of ‘ownership’ of the client for any further professional services between the connected parties.
Failure to comply with the ‘Introduction & ownership policy’ gives TAS the right to enforce the following penalties:
- Temporary or permanent suspension of a Professional or client from the takeaseat.co.uk platform and any of its partner networks.
- £1000 fine payable by the Professional if a client is provided with any professional services outside of the TAS platform.
Any disputes arising from the failure to comply with the above terms and conditions shall be dealt with in accordance with the TAS complaints procedure and it’s relevant associated provisions.
Failure to comply with the outcome of a dispute will result in TAS taking appropriate debt or legal proceedings against you.
Any interpretation of “introduction”, “ownership” and “property” shall be considered giving due consideration to the fair meaning of those terms.
No part of this agreement shall be used as the basis of a claim against TAS as TAS has drafted the agreement for its own use in respect of professional or client breach of policy.